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Mar 29, 2024
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PRL 182 - Mediation Credits: 3 Lecture Hours: 3 Lab Hours: 0 Practicum Hours: 0 Work Experience: 0 Course Type: Open Classroom study of mediating legal disputes. Students will study the purposes of mediation using “objective” criteria, impediments to resolution, moving beyond impasse and reaching an agreement. Prerequisite: PRL 103 , PRL 112 and/or instructor permission Competencies
- Define mediation
- Distinguish mediation from arbitration and other forms of dispute resolution
- Recognize situations where mediation would be helpful
- Describe appropriate ground rules and explain their importance to the mediation process
- Explain the importance of the neutrality of the mediator.
- Create a mediators opening statement
- Explain the strengths and weaknesses of the caucus as a mediation technique
- Define confidentiality and explain its importance in the mediation process
- Illustrate possible situations where mediation should be terminated by the mediator
- Distinguish between emotional and practical impediments to mediation
- Explain how emotional impediments to resolution are critical factors in resolving a dispute
- Describe how a mediator might deal with various emotional issues
- Distinguish between a parties stated position and the underlying interest behind that position
- Recognize a party’s true interests
- State techniques for uncovering real interests
- Explain the importance of using objective criteria in resolving a dispute
- Define BATNA
- Explain and illustrate various techniques for resolving impasses
- Discuss the value of third party assistance
- Examine the negative consequences of failure to reach agreement
- Explain the technique of “brain storming.”
- Write an agreement
- Discuss follow-up procedures
- Discuss selected ethical codes as applied to mediation
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